Practice Areas

Employment-Based Immigrant Visas

San Jose, California Employment-Based Immigration Visa Lawyer

Approximately 140,000 employment-based immigrant visas are available each year. If you are a citizen of a foreign country who wants a green card to live and work permanently in the United States, contact the Law Offices of Marcine A. Seid.

Applying for a green card is an involved process that requires a lot of documentation, including affidavits, testimonies and recommendation letters. A U.S. immigration lawyer can help you work through the bureaucracy and get your green card as quickly as possible.  We will determine which classification of employment-based immigration visa is suitable for you and prepare all of the necessary legal documents along with supporting evidence for submission to the U.S. Citizenship and Immigration Services (CIS). The CIS was formerly known as the Immigration and Naturalization Service (INS).

We assist clients in the following employment-based immigration visas to obtain Permanent Resident Status:

EB1 Extraordinary Ability
The EB1 classification is used by foreign citizens who have extraordinary ability in the sciences, arts, education, business, or athletics.  This classification is awarded to a small percentage of individuals who have risen to the very top of their profession.

EB1-2 Outstanding Researcher / Professors
The EB1-2 classification is used by researchers and professors who are internationally recognized as outstanding in their academic field. An immigration visa petition for this classification must be filed a qualified U.S. employer.

EB1-3 Managers and Executives
The EB1-3 classification is used by employees of multinational companies who seek to enter the United States to continue to render services to the same employer in a capacity that is managerial or executive.

EB4 Special Immigrant Visas - Religious Workers

National Interest Waiver
A citizen of a foreign country may apply for a national interest waiver by establishing that his or her immigration would be in the national interest of the United States. There is no rule or statutory standard as to what will qualify an alien for a national interest waiver. Each case is considered on an individual basis.

EB2 Advanced Degree Holder
The EB2 classification is used by people who are members of professions holding advanced academic degrees or who demonstrate exceptional ability in the arts, sciences or business.  In most cases, EB2 immigrants must have a job offer and their potential employer must complete the Labor Certification process on their behalf.
 
EB3 – Professional / Skilled Worker
The EB3 classification is used by professionals and skilled workers who hold a U.S. baccalaureate degree or foreign-equivalent degree. Experience may not be substituted for the degree. The applicant does not have to be employed when labor certification / PERM is filed. A job offer is sufficient.

Labor Certification: Reduction in Recruitment, Traditional and PERM
Labor certification applications filed before March 28, 2005, were filed under one of two programs:

• The Reduction-in-Recruitment (RIR) program.
• The traditional labor certification procedures.

The Reduction in Recruitment and Traditional labor certification programs have been replaced by the PERM Process. Most pending labor certification applications have been transferred to a Department of Labor Backlog Processing Center (BPC), where the application will be adjudicated.  While RIR and traditional labor certifications are no longer available, our law firm can still help you if your have an existing application that is being adjudicated. We can also help you re-file your labor certification application under the PERM process.

Discuss your Visa Needs with a Leading U.S. Immigration Attorney:
Call (408) 271-9888

Proudly serving immigrants and employers in the Bay Area of California, including San Jose, Fremont, Sunnyvale, Silicon Valley, Mountain View, Palo Alto, San Francisco, Campbell, Cupertino, Los Gatos, Saratoga, Santa Cruz, Contra Costa, Alameda, Morgan Hill, Gilroy, Los Altos, San Mateo and Santa Clara County.